J  K 


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Mmary  Election 
Law 

OF  WASHINGTON 

:TH  REMINGTON  &  BALLINGER'S  CODE  OF 
WASHINGTON  REFERENCES 


Published  by 
I.    M. 

Secretary  of  State 


1912 


OLYMPIA,  WASH.: 

E.   L.   BOARDMAN     <ag^^D  PUBLIC   PBINTBR 


1912 


Primary  Election 
Law 

OP  WASHINGTON 


WITH  REMINGTON  &  BALLINGER'S  CODE  OF 
WASHINGTON  REFERENCES 


Published  by 

I.    M. 

Secretary  of  State 


1912 


OLYMPIA,  WASH.: 

E.   L.   BOARDMAN     <a^^^t>  PUBLIC   PRINTER 
1912 


PRIMARY  ELECTION  LAW 


AN  ACT  relating  to,  regulating  and  providing  for  the  nomi- 
nation of  candidates  for  public  office  in  the  State  of 
Washington  and  providing  penalties  for  the  'violation 
thereof,  and  declaring  an  emergency,  as  amended  by  an 
act  relating  to,  regulating  and  providing  for  the  nomina- 
tion of  candidates  for  public  office  in  the  State  of  Wash- 
ington and  providing  penalties  for  the  violation  thereof, 
and  amending  sections  1,  2,  3,  5,  10,  13,  22,  29,  30,  33 
and  38  of  an 'act  entitled  "An  act  relating  to,  regulating 
and  providing  for  the  nomination  of  candidates  for  pub- 
lic office  in  the  State  of  Washington,  and  providing 
penalties  for  the  violation  thereof,  and  declaring  an 
emergency,"  approved  March  15,  1907,  and  declaring  an 
emergency. 

Be  it  Enacted  'by  the  Legislature  of  the  State  of 
Washington: 

Definition   and   Construction. 

SECTION  1.  [§4804,  Rem.-Bal.]  The  words  and 
phrases  in  this  act  shall,  unless  the  same  be  incon- 
sistent with  the  context,  be  construed  as  follows: 

(a)  The   word    "primary"    the   primary    election 
provided  for  by  this  act. 

(b)  The    words    ''September    primary"    the    pri- 
mary election   held   in   September  to   nominate   can- 
didates to  be  voted  for  at  the  ensuing  election. 

(c)  The  word  "election"  a  general  or  city  elec- 
tion as  distinguished  from  a  primary  election. 

Candidates,  How   Nominated. 

SEC.  2.  [§4805,  Rem.-Bal.]  Hereafter,  all  can- 
didates for  elective  offices  in  this  state,  either  state, 
county,  municipal,  precinct  or  congressional,  shall  be 
nominated  at  a  direct  primary  election  held  in  pur- 
suance of  this  act:  Provided,  That  this  act  shall  not 


293020 


4  PRIMARY  ELECTION  LAW 

be  held  to  refer  to  special  elections  for  filling  the  va- 
cancies for  unexpired  terms,  or  to  election  to  offices 
of  any  city  or  town  of  the  fourth  class  or  for  any 
school,  dike,  irrigation  or  metropolitan  park  district 
or  other  local  improvement  election,  or  for  presi- 
dential electors. 

Provided  further,  That  the  provisions  of  this  act 
shall  not  apply  to  nominations  of  candidates  for 
municipal  elective  offices  in  cities  of  the  first  class 
which  have  adopted  or  may  hereafter  adopt  char- 
ters under  section  10,  Article  XI,  of  the  State  Con- 
stitution, where  such  charters  have  provided  or  may 
hereafter  provide  a  non-partisan  method  or  methods 
of  nominating  candidates  for  municipal  elective  of- 
fices; and  all  such  cities  shall  have  the  right  and 
power  to  provide  in  their  charters  for  any  method 
or  methods  of  non-partisan  nomination  of  candidates 
for  their  elective  offices  as  they  may  desire. 

Primaries,  When  and  Where  Held. 

SEC.  3.  [§4806,  Rem.-Bal.]  A  primary  election 
held  to  nominate  candidates  to  he  voted  for  at  the 
general  election  in  November,  1908,  shall  be  held  at 
the  regular  polling  places  in  each  precinct  on  the  sec- 
ond Tuesday  of  September,  1908,  and  biennially  there- 
after, for  the  nomination  of  all  candidates  to  be  voted 
for  at  the  succeeding  general  election.  Except  as 
hereinafter  provided,  any  primary  other  than  the 
September  primary  shall  be  held  four  weeks  before 
the  election  for  which  candidates  are  to  be  nominated 
at  such  primary:  Provided,  That  primaries  for  the 
nomination  of  candidates  to  be  voted  upon  at  munici- 
pal elections  held  during  1907  shall  be  held  two  weeks 
prior  to  the  date  of  said  elections. 

Declaration  of  Candidacy. 

SEC.  4.  [§4807,  Rem.-Bal.]  The  name  of  no  can- 
didate shall  be  printed  upon  an  official  ballot  used  at 
any  primary  election  unless  at  least  thirty  (30)  and 


STATE  OF  WASHINGTON  5 

not  more  nan  sixty  (60)  days  prior  to  such  primary  a 
declaration  of  candidacy  shall  have  been  filed  by  him, 
as  provided  in  this  act,  in  the  following  form: 

I,   ,  declare  upon  honor  that 

I  reside  at  No.   ..  street,  (city  or  town) 

of ,  county  of ,  State  of 

Washington,  and  am  a  qualified  voter  therein,  and  a 

member  of party,  that  I  hereby 

declare   myself   a   candidate   for   nomination   to   the 

office  of ,  to  be  made  at  the  primary 

election  to  be  held  on  the  . . .  day  of 

and  hereby  request  that  my  name  be  printed  upon 
the  official  primary  ballot  as  provided  by  law  as  a 
candidate  of  the party,  and  I  accom- 
pany herewith  the  sum  dollars,  the  fee  re- 
quired by  law  of  me  for  becoming  such  candidate. 

Subscribed  this 

day  of ,  191 

Provided,  That  no  person  who  desires  to  become 
a  candidate  for  the  office  of  supreme  or  superior 
court  judge  shall  certify  his  party  affiliations. 

Fees  to  be  Paid  by  Candidates. 

SEC.  5.  [§4808,  Rem.-Bal.]  At  least  thirty  (30) 
days  before  the  primary  election  any  person  who  shall 
be  eligible,  who  shall  desire  to  become  a  candidate 
for  nomination  for  any  office,  subject  to  this  act, 
shall  file  in  the  proper  office  a  declaration  of  candi- 
dacy accompanied  by  the  fee  provided  for  in  this  act, 
which  fee  shall  be  as  follows:  For  any  office  with  a 
salary  or  compensation  attached,  of  one  thousand 
dollars  or  less  per  annum,  ten  ($10)  dollars;  when 
such  salary  or  compensation  exceeds  one  thousand 
dollars  per  annum,  an  additional  sum,  equal  to  1  per 
cent,  on  such  excess;  and  in  case  of  any  precinct  office 
without  salary,  the  filing  fee  shall  be  one  ($1)  dollar. 

Said  fee  shall  be  paid  to  the  following  officers: 
When  the  candidacy  is  for  a  state,  congressional  or 
district  office,  embracing  more  than  one  county,  the 


6  PRIMARY  ELECTION  LAW 

fee  shall  be  paid  to  the  Secretary  of  State,  to  be  paid 
by  him  to  the  State  Treasurer,  and  when  for  district 
officers  for  more  than  one  county,  the  same  shall  be 
divided  equally  between  the  counties  composing  such 
district  and  paid  to  the  respective  treasurers  thereof, 
and  the  Secretary  of  State  shall  issue  all  necessary 
warrants  for  such  payments  on  the  State  Treasurer. 
When  such  fees  are  for  county  offices  and  offices  for 
districts  within  counties,  such  fee  shall  be  paid  to 
the  county  auditors  and  by  them  to  the  respective 
county  treasurers,  and  when  for  city  or  municipal 
offices,  shall  be  paid  to  the  respective  clerks  of  such 
cities  or  municipalities  and  by  them  to  the  respective 
treasurers  of  the  same. 

Political  Party  Candidates. 

SEC.  6.  [.§  4809,  Rem.-Bal.]  Any  political  organiza- 
tion which  at  the  general  or  city  election  last  preced- 
ing the  primary  was  represented  on  the  official  ballot 
by  either  regular  party  candidates  or  by  individual 
nominees  only,  may,  upon  complying  with  the  pro- 
visions of  this  act,  have  a  separate  primary  election 
ticket  as  a  political  party,  if  any  of  its  candidates 
or  individual  nominees  received  10  per  cent,  of  the 
total  vote  cast  at  such  last  preceding  general  or  city 
election  in  this  state,  or  subdivision  thereof,  in  which 
the  candidate  seeks  the  nomination. 

Declarations,  How  Filed. 

SEC.  7.  [§4810,  Rem.-Bal.]  All  declarations  of 
candidacy  shall  be  filed  as  follows: 

First. — For  state  officers,  United  States  senators, 
representatives  in  Congress  and  those  members  of 
the  state  Legislature  and  judges  of  the  superior  court 
whose  districts  comprise  more  than  one  county,  in 
the  office  of  the  Secretary  of  State. 

Second. — For  officers  to  be  voted  for  wholly  in 
one  county,  in  the  office  of  the  county  auditor  of 
such  county. 


STATE  OF  WASHINGTON  7 

Third. — For  city  officers,  in  the  office  of  the  city 
clerk. 

Notice  of  Primaries,  How  Given. 

SEC.  8.  [§4811,  Rem.-Bal.]  First—At  least  20 
days  before  any  September  primary  the  Secretary  of 
State  shall  transmit  to  each  county  auditor  a  cer- 
tified list  containing  the  name,  postoffice  address  and 
party  designation  of  each  person  entitled  to  be  voted 
for  at  such  primary,  and  the  office  for  which  he  is  a 
candidate,  as  appears  by  the  nomination  papers  filed 
in  his  office. 

Second. — Each  county  auditor  shall,  at  least  fif- 
teen days  before  the  September  primary,  publish 
once,  under  the  proper  party  designation  and  title  of 
each  office,  the  names  and  addresses  of  all  persons  for 
whom  nomination  papers  have  been  filed  in  so  far  as 
tne  same  shall  affect  the  electors  of  his  county,  giving 
the  date  of  the  primary,  the  hours  during  which  the 
polls  will  be  open,  and  that  the  primary  will  be  held 
in  the  regular  polling  place  in  each  precinct,  and 
shall  cause  to  be  posted  copies  of  such  notice  in  at 
least  three  public  places  in  each  precinct  in  his 
county:  Provided,  That  the  names  of  all  candidates 
for  the  offices  of  supreme  and  superior  court  judge 
snail  be  published  and  posted  in  a  separate  list  with- 
out party  designation. 

Publication  of  Notices. 

SEC.  9.  [§4812,  Rem.-Bal.]  Any  publication  re- 
quired in  this  act  shall  be  made  in  two  newspapers  in 
each  county  or  city,  of  general  circulation,  represent- 
ing the  two  political  parties  that  cast  the  largest  vote 
in  such  county  or  city  at  the  last  preceding  general 
election. 

In  any  case  where  the  publication  of  a  notice  can- 
not be  made  as  hereinbefore  required,  it  may  be 
made  in  any  newspaper  having  a  general  circulation 


8  PRIMARY  ELECTION  LAW 

in  the  county  or  city  in  which  the  notice  is  required 
to  be  published. 

Method  of  Voting  and  Form  of  Ballot. 

SEC.  10.  [§4813,  Rem.-Bal.]  The  method  of  vot- 
ing at  such  primary  election  shall  be  by  ballot,  and 
all  ballots  voted  shall  be  printed  as  herein  provided. 

On  the  15th  day  before  the  primary  election  the 
county  auditor  shall  group  all  the  candidates  for 
each  party  by  themselves,  and  shall  prepare  at  once 
in  writing,  a  separate  sample  ballot  for  each  party 
for  public  inspection,  which  he  shall  post  in  a  con- 
spicuous place  in  his  office.  He  shall  proceed  to  have 
printed  a  separate  primary  election  ballot  for  each 
political  party  which  has  qualified  as  hereinbefore 
provided.  These  ballots  to  be  prepared  in  the  fol- 
lowing manner: 

Every  ticket  shall  be  absolutely  uniform  in  color 
and  size,  shah  be  white  and  printed  in  black  ink. 
Across  the  head  of  each  ballot  shall  be  printed  in 
plain,  black  type,  first,  the  name  of  the  political 
party,  on  each  ticket,  following  the  words,  "Primary 
Election  Ballot."  On  the  next  line  shall  be  printed 
the  name  of  the  political  party,  and  below  that  the 
county  in  which  the  ballot  is  to  be  used.  Then  shall 
follow  the  words  "To  vote  for  a  person  mark  a  cross 
in  the  first  square  at  the  right  of  the  name  of  the 
person  for  whom  you  desire  to  vote."  Beginning  at 
the  top  of  the  left  hand  column,  at  the  left  of  the 
line,  in  black  type,  shall  appear  the  position  for 
which  the  names  following  are  candidates,  and  to  the 
extreme  right  of  the  same  line  the  words  "Vote  for," 
then  the  words  "One,"  "Two,"  or  a  spelled  number 
designating  how  many  persons  under  that  head  are 
to  be  voted  for. 

Following  this  shall  come  the  name  of  each  can- 
didate for  that  position,  inclosed  in  a  light  faced 
rule,  with  a  square  to  the  right  of  said  name,  sand 
square  being  separated  by  heavy  black  face  rule,  the 


STATE  OF  WASHINGTON  9 

parallel  rules  containing  the  names  and  squares  to 
be  one-sixth  of  an  inch  apart.  Each  position,  with 
the  name  running  for  that  office,  shall  be  separated 
from  the  following  one  by  a  black-face  rule  to  sep- 
arate each  position  clearly.  The  position  shall  be 
arranged  as  follows,  provided  nominees  for  such 
positions  are  to  be  selected  in  said  county  under  the 
provisions  of  this  act  hereinafter  provided:  First, 
congressional;  next,  state;  next,  preference  for  Uni- 
ted States  senators;  next,  legislative;  next,  county 
officers;  next,  precinct  officers;  in  all  cases  following 
under  each  heading  here  given,  the  rotation  used 
in  the  make-up,  of  the  various  ballots  at  the  general 
election. 

In  city  elections  it  shall  be  the  duty  of  the  city 
clerk  to  prepare  the  ballots  and  arrange  the  position 
of  the  candidates  on  such  ballots  commencing  with 
the  office  of  mayor  and  following  with  the  offices  for 
which  candidates  are  to  be  selected,  using  his  rea- 
sonable discretion  as  to  such  arrangement.  The 
duties  provided  for  in  this  act  to  be  performed  by 
the  county  auditor  with  reference  to  candidates  for 
county  and  district  offices  or  either  of  them  shall 
in  like  manner  be  performed  by  the  city  clerk  in 
each  city  with  reference  to  the  preparation  of  bal- 
lots and  primary  elections  for  candidates  for  city 
offices. 

When  there  shall  be  four  or  more  candidates  for 
any  state  or  congressional  joffice,  there  shall  be 
printed  immediately  under  the  designation  of  office, 
the  following:  "Vote  for  both  first  and  second  choice 
for  this  office."  On  the  next  line  shall  be  printed 
the  words  "To  vote  for  a  person  for  first  choice, 
mark  a  cross  (X)  in  the  first  square  at  the  right  of 
the  name  of  the  person  for  whom  you  desire  to 
vote."  "To  vote  for  a  person  for  second  choice,  mark 
a  cross  (X)  in  the  second  square  after  the  name  of 
the  person  for  whom  you  desire  to  vote."  The  form 
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14  PRIMARY  ELECTION  LAW 

Separate  Party  Ballots. 

SEC.  11.  [§  4814,  Rem.-Bal.]  The  primary  election 
ballots  for  the  several  political  parties  shall  be  sep- 
arate ballots,  and  the  primary  election  of  all  parties 
shall  be  held  at  the  same  time  and  place  and  under 
the  same  officers  and  in  all  respects  as  a  general  elec- 
tion, under  the  laws  of  the  State  of  Washington,  ex- 
cept as  otherwise  changed  by  this  act. 

Voting  at  Primary  Elections. 

SEC.  12.  [§4815,  Rem.-Bal.]  Every  qualified  per- 
son, properly  registered  as  a  voter  in  the  election  pre- 
cinct enabling  him  to  vote  at  the  ensuing  election 
where  registration  is  required,  and  every  qualified  per- 
son in  precincts  where  registration  is  not  required, 
shall  be  entitled  to  participate  in  the  primary  elec- 
tion. When  he  desires  to  vote  at  said  primary  each 
elector  shall  have  the  right  to  receive  the  ballot  only 
of  the  party  for  which  he  registered  if  living  in  a  pre- 
cinct in  which  registration  is  required,  or>  if  living  in 
a  precinct  in  which  no  registration  is  required  the 
ballot  of  the  party  for  which  he  asks;  and  in  the 
latter  event,  he  shall,  if  challenged,  be  required  to 
make  oath  or  affirmation  that  he  intends  to  affiliate 
with  said  party  at  the  ensuing  election  and  intends 
to  support  its  candidates  generally.  Thereupon  he 
shall  retire  to  one  of  the  booths  and  without  undue 
delay  mark  the  ballot  received  by  him  and  fold  it  so 
that  its  face  shall  be  concealed.  He  shall  thereafter 
deliver  said  ballot  received  by  him  to  the  election  of- 
ficers. In  the  event  said  voter  shall  soil  or  deface 
the  ballot  he  desires  to  vote  he  shall  at  once  return 
the  ballot  received  by  him  and  get  a  new  ballot  and 
the  election  officers  shall  destroy  or  render  unfit  for 
use  the  ballot  so  returned.  The  elector  shall  desig- 
nate his  choice  on  his  ballot  by  marking  a  cross  in 
each  of  the  small  squares  nearest  the  names  of  the 
candidates  for  whom  he  desires  to  vote  and  shall  not 


STATE  OF  WASHINGTON  15 

vote  for  more  candidates  for  an  office  than  are  to  be 
elected  thereto  at  the  election  to  follow  the  primary 
election  as  indicated  on  the  ballot  at  the  right  of 
each  office  for  which  candidates  are  to  be  selected. 

Where  under  the  provisions  of  this  act  a  voter  is 
required  to  designate  his  first  and  second  choice  the 
voter  shall  designate  his  first  choice  by  marking  a 
cross  (X)  in  each  of  the  small  squares  nearest  to  the 
names  of  the  candidates  for  whom  he  desires  to  vote 
for  first  choice  and  shall  designate  his  second  choice 
by  marking  a  cross  (X)  in  the  second  square  op- 
posite to  and  parallel  to  the  names  of  the  candidates 
for  whom  he  desires  to  vote  as  a  second  choice. 

Order  of  Printing  Names  on  Ballots. 

SEC.  13.  [§4816,  Rem.-Bal.]  The  names  of  can- 
didates for  each  office  upon  the  ballot  and  under  the 
heading  designating  each  official  position  upon  the  bal- 
lots to  be  used  in  voting,  shall  be  first  arranged  in  the 
order  in  which  their  declarations  of  candidacy  shall 
have  been  filed.  In  printing  each  set  of  ballots  for 
the  several  counties,  the  positions  of  the  names  of 
candidates  shall  be  changed  in  each  office  division  as 
many  times  as  there  are  candidates  in  the  office  divi- 
sion in  which  there  are  the  most  names.  As  nearly 
as  possible  an  equal  number  of  ballots  shall  be 
printed  after  each  change.  In  making  the  changes 
of  position,  the  printer  shall  take  the  line  of  type  at 
the  head  of  each  office  division  and  place  it  at  the 
bottom  of  the  division,  and  shove  up  the  column  so 
that  the  name  that  before  was  second  shall  be  first, 
after  the  change.  After  the  ballots  are  printed  they 
shall  be  kept  in  separate  piles,  one  pile  for  each 
change  of  position,  and  shall  then  be  gathered  by  tak- 
ing one  from  each  pile;  the  intention  being  that  every 
other  ballot  in  such  pile  shall  have  the  names  in  a  dif- 
ferent position.  There  shall  be  no  printing  upon  the 
back  of  the  ballots  or  any  marks  to  distinguish  them. 


16  PRIMARY  ELECTION  LAW 

After  the  ballots  have  been  gathered  as  above  pro- 
vided they  shall  be  numbered  consecutively,  said 
numbering  to  be  perforated  and  torn  off  by  the 
election  officers  on  the  voting  of  the  ballot.  Sam- 
ple ballots  shall  be  substantially  in  the  same  form  as 
the  official  ballot,  but  upon  colored  paper,  and  the 
names  thereon  need  not  be  alternated. 

General  Election  Laws  to  Govern. 

SEC.  14.  [§4818,  Rem.-Bal.]  Except  as  herein 
otherwise  provided,  all  primary  elections  shall  be  con- 
ducted as  required  for  general  elections  under  the 
general  election  laws  of  the  State  of  Washington,  as 
far  as  the  provisions  thereof  are  applicable,  and  the 
election  officers  for  such  primary  elections  shall  have 
the  same  powers  as  those  for  general  elections. 

Inspectors  and  Judges  of  Election. 

SEC.  15.  [§4819,  Rem.-Bal.]  Inspectors  and  judges 
of  election  shall  be  appointed  and  designated  in  the 
manner  provided  by  said  general  election  law  at  least 
ten  (10)  days  prior  to  the  primary  election  day: 
Provided,  That  one  of  the  judges  may  act  and  perform 
the  duties  of  the  clerk  of  election:  And  provided 
further,  That  the  members  of  each  political  party,  in 
any  precinct  entitled  to  participate  in  any  primary 
election,  may  in  any  appointed  meeting  held  at  least 
fifteen  (15)  days  before  such  primary  election,  select 
three  (3)  members  of  that  party  who  are  duly  quali- 
fied electors  and  certify  the  names  of  the  persons  so 
selected,  to  the  board  of  county  commissioners  or  the 
city  council,  whose  duty  it  is  to  appoint  the  election 
officers,  and  one  of  said  persons  shall  be  appointed 
and  designated  as  a  judge  or  inspector  for  that  pre- 
cinct. The  same  fees  shall  be  allowed  and  paid  from 
the  public  funds  for  the  services  of  any  one  so  serv- 
ing as  a  judge,  inspector  or  clerk  as  for  general  elec- 
tions. 


STATE  OF  WASHINGTON  17 

Secretary  of  State  to  Provide  Copies  of  Law. 

SEC.  16.  [§4820,  Rem.-Bal.]  The  Secretary  of 
State  shall  provide  copies  of  this  law  in  conjunction 
with  the  general  election  law  of  the  state,  and  trans- 
mit the  same  to  the  county  auditor  of  each  county, 
at  least  twenty  (20)  days  before  any  such  primary 
election,  and  the  same  shall  be  in  lieu  of  any  such 
copies  of  said  general  election  law  required  to  be 
transmitted  to  county  auditors  by  the  Secretary  of 
State  for  use  in  such  counties. 

Opening  of  Polls  and  Counting  of  Votes. 

SEC.  17.  [§4821,  Rem.-Bal.]  The  polls  in  the 
several  election  precincts  on  the  primary  election  day 
shall  be  kept  open  from  11  o'clock  in  the  morning 
until  8  o'clock  in  the  evening  of  said  day.  If  at  the 
hour  of  closing  there  are  any  electors  in  the  polling 
place  desiring  to  vote,  and  who  are  qualified  to  parti- 
cipate therein,  and  who  have  not  been  able  to  do  so 
since  appearing  at  the  polling  place,  said  polls  shall 
be  kept  open  reasonably  long  enough  after  the  hour 
of  closing  to  allow  those  so  present  at  that  hour  to 
vote.  No  one  not  present  at  the  hour  of  closing  shall 
be  entitled  to  vote  because  the  polls  may  not  be 
actually  closed  when  he  arrives.  No  adjournment  or 
intermission  whatever  shall  take  place  until  the  polls 
shall  be  closed,  and  until  all  the  votes  cast  at  such 
poll  have  been  counted  and  the  result  publicly  an- 
nounced. 

Voters   Shall    Designate   Second   Choice. 

SEC.  18.  [§4822,  Rem.-Bal.]  In  all  cases  where 
there  are  four  or  more  candidates  of  any  political 
party  for  one  state  or  congressional  position,  every 
elector  voting  at  a  primary  election  held  under  the 
terms  of  this  act  shall  be  required  to  designate  one 
first  choice  and  one  second  choice  for  each  such  posi- 
tion. No  voter  shall  vote  for  the  same  person  for  first 
choice  and  second  choice,  and  no  voter  shall,  where 


18  PRIMARY  ELECTION  LAW 

there  are  four  or  more  candidates  for  such  nomina- 
tion, vote  for  one  person  only,  either  as  first  or  sec- 
ond choice,  and  no  ballot  so  voted  for  one  person 
only,  for  either  first  or  second  choice,  or  for  the  same 
person  for  both  first  and  second  choice,  shall  be  con- 
sidered a  complete  ballot,  but  any  ballot  under  said 
conditions,  failing  to  show  both  first  and  second  choice 
of  different  persons,  shall  not  be  considered  or 
counted,  for  that  office. 

Method  of  Canvassing   Vote  and    Making    Returns. 

SEC.  19.  [§4823,  Rem.-Bal.]  As  soon  as  the  polls 
are  finally  closed,  the  inspector  and  judges  of  elec- 
tion shall  immediately  open  the  ballot  boxes  at  each 
polling  place  and  proceed  to  take  therefrom  the  bal- 
lots. Said  officers  shall  count  the  number  of  ballots 
cast  by  each  party,  at  the  same  time  bunching  the 
tickets  cast  for  each  party  together  in  separate  piles, 
and  shall  then  fasten  each  pile  together.  As  soon 
as  the  inspectors  and  judges  shall  have  assorted  and 
fastened  together  the  ballots  of  each  separte  party, 
they  shall  take  the  tally  sheets  provided  by  the 
county  auditor  or  city  clerk,  and  shall  count  all  the 
ballots  for  each  party  separately,  until  the  count  is 
completed,  and  shall  certifiy  to  the  number  of  votes 
cast  for  each  candidate,  and  as  to  candidates  where 
first  and  second  choice  votes  are  cast  shall  certify 
to  the  number  of  votes  cast  for  each  candidate  as 
first  choice  and  for  each  candidate  as  second  choice 
and  the  total  votes  cast  for  each  candidate  for  each 
office.  The  tally  sheets  shall  be  so  kept  that  such 
sheets  shall  show  the  number  of  votes  received,  and 
shall  also  show  the  number  of  first  and  second  choice 
votes  received  and  the  total  number  of  votes  received 
by  each  candidate.  They  shall  then  place  the  counted 
ballots  in  the  box,  but  in  no  case  shall  they  inter- 
mingle the  party  votes.  After  all  have  been  counted 
and  certified  to  by  the  clerks  and  judges,  they  shall 
seal  the  returns  for  all  parties  in  one  envelope,  to  be 
returned  to  the  county  auditor  or  city  clerk. 


STATE  OF  WASHINGTON  19 

Tally  Sheets. 

SEC.  20.  [§4824,  Rem.-Bal.]  Two  sets  of  tally 
sheets  for  each  political  party  having  candidates  to 
be  voted  for  at  said  primary  election  shall  be  fur- 
nished for  each  election  precinct  by  the  county  au- 
ditor or  city  clerk,  at  the  same  time  and  in  the  same 
manner  that  the  ballots  are  furnished,  and  shall  be 
as  follows: 

Each  tally  sheet,  or  the  first  sheet  of  each  tally 
book  to  be  furnished,  shall  be  headed,  "Tally  sheet 

for  (name  of  political  party) 

(name  of  city  or  village)  

(county)  (ward)  (election  pre- 
cinct) for  a  primary  election  held  (date) ." 

The  names  of  candidates  shall  be  placed  on  the 
tally  sheets  in  the  order  in  which  they  appear  on  the 
official  ballots,  and  in  each  case  have  the  proper  party 
designation  at  the  head  thereof. 

Returns  of  Primary  Elections. 

SEC.  21.  [§4825,  Rem.-Bal.]  In  making  out  the 
returns  of  the  primary  election  in  the  several  elec- 
tion precincts,  the  same  shall  be  done  and  all  matter 
pertaining  thereto  conducted  in  accordance  with  the 
provisions  of  the  general  election  laws  for  the  re- 
turns of  general  elections,  except  that  the  first-choice 
votes,  second-choice  votes  and  total  votes  received 
by  each  candidate  for  each  oflflce  shall  be  shown. 

Party  Committeemen,  How  Selected. 

SEC.  22.  [§4826,  Rem.-Bal.]  At  the  September 
primary  each  voter  may  write  in  the  space  left  on 
the  ticket  for  that  purpose  the  name  of  one  qualified 
elector  of  the  precinct  for  member  of  the  party 
county  committee.  The  one  having  the  highest  num- 
ber of  votes  shall  be  such  committeeman  of  such 
party  for  such  precinct.  The  party  committee  of 
each  county  shall  consist  of  the  precinct  committee- 
men  from  the  several  precincts  of  such  county.  The 


20  PRIMARY  ELECTION  LAW 

state  committee  shall  consist  of  one  committeeman 
from  each  county,  elected  by  the  county  committee, 
which  shall  meet  for  such  purpose  and  organization 
at  the  court  house  at  the  county  seat  of  each  county 
at  2  o'clock  p.  m.  on  the  second  Saturday  after  such 
primary  election,  unless  some  other  time  and  place 
of  such  meeting  shall  he  designated  by  a  regular  call 
of  the  properly  authorized  officers  of  the  retiring  com- 
mittee. Each  poltical  party  organization  shall  have 
the  power  to  make  its  own  rules  and  regulations,  call 
conventions,  elect  delegates  to  conventions,  state 
and  national,  fill  vacancies  on  the  ticket,  provide  for 
the  nomination  of  presidential  electors,  and  perform 
all  other  functions  inherent  to  such  organizations, 
the  same  as  though  this  act  had  not  been  passed: 
Provided,  That  in  no  instance  shall  any  convention 
have  the  power  to  nominate  any  candidate  to  be  voted 
for  at  any  primary  election.  City  committeemen 
may  be  elected  at  municipal  elections  in  the  manner 
provided  in  this  section,  as  near  as  may  be. 

Plurality  Required  to  Nominate. 

SEC.  23.  [§4827,  Rem.-Bal.]  Candidate[s]  for 
party  offices  who  receive  a  plurality  of  the  votes  cast 
for  such  candidates  shall  be  the  party  nominees  of 
such  party,  except  as  to  offices  where  first  and  sec- 
ond choice  votes  are  cast,  and  as  to  such  offices,  if 
no  candidate  shall  have  received  more  than  40  per 
cent,  of  the  first  choice  votes  cast,  then,  and  in  that 
event  a  canvass  shall  be  made  of  the  second  choice 
votes  received  by  candidates  for  said  office  at  said 
primary  election,  and  said  second  choice  votes  shall  be 
counted  with  and  added  to  the  first  choice  votes  re- 
ceived by  each  and  every  candidate  for  such  office  at 
the  primary  election;  and  the  candidate  receiving  the 
highest  number  of  first  and  second  choice  votes  shall 
be  the  nominee  for  such  office  of  the  political  party 
represented  by  him. 

In    the    event   that   any    candidate    for    an    office 


STATE  OF  WASHINGTON  21 

shall  have  received  40  per  cent,  or  more  of  the  first 
choice  votes  of  his  political  party  cast  at  said  pri- 
mary election,  the  candidate  receiving  the  highest 
number  of  first  choice  votes  shall  be  declared  the 
nominee  of  his  party  to  such  position,  without  refer- 
ence to  the  second  choice  votes. 

In  the  event  that  there  are  more  than  one  position 
of  the  same  kind  to  be  filled  and  more  candidates  of 
any  political  party  receive  majorities  of  the  votes  of 
such  party  cast  at  such  election  than  there  are  posi- 
tions to  be  filled,  then  in  that  event  the  number  of 
candidates  equal  to  the  number  of  positions  to  be 
filled  receiving  the  highest  number  of  votes  shall  be 
the  nominees  of  such  political  party  for  such  position. 

State  Canvassing  Board. 

SEC.  24.  [§4828,  Rem.-Bal.]  The  canvassing  of 
the  vote  and  the  returns  of  reports  of  the  primary 
elections  as  to  candidates  for  state  officers,  United 
States  senators  and  representatives  in  Congress,  and 
any  other  candidate  whose  district  extends  beyond 
the  limits  of  a  single  county,  shall  be  done  by  a 
canvassing  board  consisting  of  the  Secretary  of  State, 
State  Treasurer  and  State  Auditor.  Said  state  can- 
vassing board  shall  meet  at  the  office  of  the  {secretary 
of  State  on  the  3rd  Tuesday  at  ten  o'clock  a.  m.  next 
after  the  September  primary.  As  soon  as  said  board 
has  canvassed  said  vote  it  shall  file  a  certificate  with 
the  Secretary  of  State,  which  certificate  shall  show 
the  vote  of  each  candidate  of  each  political  party  for 
each  office.  A  copy  of  such  certificate  shall  be  pub- 
lished once  in  some  newspaper  published  at  the  state 
capital,  which  publication  shall  be  made  by  the  Sec- 
retary of  State  immediately  after  the  same  is  filed  in 
his  office.  The  vote  for  all  county,  city  and  muni- 
cipal officers  shall  be  canvassed  and  the  returns  made 
by  the  same  officers  and  in  the  same  manner  as  re- 
turns of  the  votes  cast  at  general  elections  are  by  law 


22  PRIMARY  ELECTION  LAW 

now  required  to  be  made.  Such  canvassing  board  and 
other  officers  canvassing  votes  cast  at  such  primary 
elections  shall  file  with  the  proper  officer  a  statement 
and  report  of  such  canvass,  which  statement  and 
report  of  said  primary  election  shall  contain: 

First. — A  statement  duly  certified  to  containing 
the  names  of  all  candidates  voted  for  at  the  primary 
election  with  the  number  of  votes  received,  and  also 
the  number  of  first-choice  votes  received  by  each  and 
the  number  of  second-choice  votes  received  by  each 
and  the  total  number  of  votes  received  by  each  and 
for  what  office,  said  statement  to  be  made  as  to  each 
political  party  separately. 

Second. — A  statement  of  the  names  of  the  per- 
sons or  candidates,  of  each  political  party  who  are 
nominated  as  hereinbefore  provided.  Where  there  is 
more  than  one  person  to  be  elected  to  a  given  office 
at  the  ensuing  election  there  shall  be  included  in  said 
statement  of  nominations  the  names  of  so  many  can- 
didates for  said  office,  nominated  under  the  provi- 
sions of  this  act,  as  there  are  persons  to  be  elected  to 
said  office  at  the  ensuing  election.  Said  statement 
shall,  in  like  manner,  be  made  separately  as  to  each 
political  party. 

Third. — A  statement  of  the  whole  number  of 
electors  registered  and  the  number  of  ballots  cast  at 
said  primary  election.  If  two  or  more  of  the  candi- 
dates of  the  same  political  party  are  "tied"  for  the 
same  office,  the  "tie"  shall  be  determined  by  lot  to 
be  cast  then  and  there  by  and  as  the  canvassing  board 
may  determine.  It  shall  be  the  duty  of  the  county 
auditor  upon  the  completion  of  its  canvass  by  the  can- 
vassing board  to  immediately  mail,  or  deliver,  in  per- 
son to  each  candidate  so  nominated,  a  notice  of  such 
fact  and  that  his  name  will  be  placed  upon  the  official 
ballot  at  the  ensuing  election.  The  persons  whose 
names  are  so  placed  in  said  statement  of  nomination 
shall  be  and  constitute  the  nominees  of  the  said  polit- 


STATE  OF  WASHINGTON  23 

ical  parties  of  which  they  are  candidates,  and  such 
names  shall  be  printed  upon  the  official  ballot  pre- 
pared for  the  ensuing  election.  No  names  of  candi- 
dates of  any  political  party  which  is  required  to  make 
nominations  under  this  act  shall  be  placed  upon  the 
official  election  ballot,  unless  such  candidate  shall 
have  been  chosen  in  accordance  with  this  act,  except 
in  cases  of  a  vacancy  occasioned  by  the  death,  re- 
moval or  resignation  of  any  candidate  so  chosen,  or 
arising  otherwise,  and  in  such  a  case  the  campaign 
or  party  committee  of  the  political  party  on  whose 
ticket  the  same  occurs,  or  if  there  be  no  such  com- 
mittee, then  a  convention  of  such  party  may  fill 
such  vacancy.  The  name  of  such  new  candidate  shall 
be  certified  under  oath  to  the  county  auditor,  or  the 
city  clerk,  as  the  case  may  be,  by  the  chairman  and 
secretary  of  said  committee  or  convention. 

Errors  in  Printing  Ballots  to  be  Prevented. 

SEC.  25.  [§4829,  Rem.-Bal.]  Whenever  it  shall 
appear  by  affidavit  to  any  judge  of  the  supreme  court 
or  superior  court  of  the  county  that  any  error  or 
omission  has  occurred  or  is  about  to  occur  in  the 
printing  in  the  name  of  any  candidate  on  official  bal- 
lots, or  that  any  error  has  been  or  is  about  to  be 
committed  in  printing  the  ballots,  or  that  the  name 
of  any  person  has  been  or  is  about  to  the  wrongfully 
placed  upon  such  ballots,  or  that  any  wrongful  act 
has  been  performed  or  is  about  to  be  performed  by 
any  judge  or  clerk  of  the  primary  election,  the  county 
auditor,  canvassing  board  or  member  thereof,  or  by 
any  person  charged  with  a  duty  under  this  act,  or 
that  any  neglect  of  duty  by  any  of  the  persons  afore- 
said has  occurred,  or  is  about  to  occur,  such  judge 
shall,  by  order,  require  the  officer  or  person  or  per- 
sons charged  with  the  error,  wrongful  act  or  neglect, 
to  forthwith  correct  the  error,  desist  from  the  wrong- 
ful act,  or  perform  the  duty,  and  to  do  as  the  court 


£4  PRIMARY  ELECTION  LAW 

shall  order,  or  to  show  cause  forthwith  Why  such 
error  should  not  be  corrected,  wrongful  act  desisted 
from,  or  such  duty  or  order  not  performed.  Pail- 
ing  to  obey  the  order  of  such  court  shall  be  contempt. 
Any  candidate  at  such  primary  election  who  may 
desire  to  contest  the  nomination  of  any  candidate  for 
the  same  office  at  said  primary  election  may  proceed 
by  such  affidavit  so  presented:  Provided,  That  such 
affidavit  may  be  presented  within  five  days  after  the 
completion  of  the  canvass  by  said  canvassing  board, 
and  not  later,  and  the  candidate  whose  nomination  is 
so  contested  shall,  by  order  of  such  judge,  duly  served, 
be  required  to  appear  and  abide  by  the  orders  of  the 
court  to  be  made  therein. 

Nominations  by  Minority  Parties,  How  Made. 

SEC.  26.  [§4830,  Rem.-Bal.]  Any  political  party 
which  at  the  last  preceding  election  cast  less  than 
10  per  cent,  of  the  votes,  may  nominate  candidates 
in  the  manner  provided  by  existing  laws  for  conven- 
tions: Provided,  however,  That  all  such  conventions 
must  be  held  upon  the  same  day  as  the  primary  elec- 
tions are  held:  And  provided  further,  That  no  can- 
didate's name  shall  be  printed  upon  the  election  bal- 
lot until  he  shall  have  paid  the  fee  provided  by  law 
to  be  paid  by  candidates  to  be  nominated  at  primary 
elections  for  like  offices.  Persons  nominated  as  pro- 
vided in  this  section  shall  be  subject  to  the  provisions 
and  penalties  of  sections  28,  29,  30  and  31  of  this  act. 

Forms  to  be  Prepared. 

SEC.  27.  [§4831,  Rem.-Bal.]  It  shall  be  the  duty 
of  the  Secretary  of  State  and  Attorney  General,  on 
or  before  July  1,  1907,  to  prepare  all  forms  necessary 
to  carry  out  the  provisions  of  this  act,  which  forms 
shall  be  substantially  followed  in  all  primaries  held 
in  pursuance  hereof.  Such  forms  shall  be  printed 
with  copies  of  this  act  for  public  use  and  distribution. 


STATE  OF  WASHINGTON  25 

Expenses  of  Candidates  Limited. 

SEC.  28.  [§4832,  Rem.-BaL]  NO  person  shall,  in 
order  to  aid  or  promote  his  own  nomination  ta  a  pub- 
lic office  under  the  provisions  of  this  act,  or  any 
amendment  thereto,  directly  or  indirectly,  himself  or 
through  another  person,  give,  pay,  expend  or  con- 
tribute, or  promise  to  give,  pay,  expend  or  contribute 
any  money  or  other  valuable  thing,  except  for  per- 
sonal expenses.  The  words  "personal  expenses,"  as 
used  in  this  act,  shall  include  only  expenses  directly 
incurred  and  paid  by  a  candidate  for  traveling  and 
for  purposes  properly  incidental  to  traveling,  and  for 
writing,  printing  and  preparing  for  transmission  any 
letter,  circular  or  other  publication  not  issued  at  regu- 
lar intervals,  whereby  he  states  his  position  or  views 
upon  public  or  other  questions;  for  advertising  in  one 
or  more  newspapers  a  simple  announcement  of  can- 
didacy to  contain  only  his  name,  address  and  the 
office  for  which  he  is  a  candidate  and  the  party  of 
which  he  seeks  nomination,  and  to  be  paid  for  at  no 
more  than  the  regular  advertising  rates  of  such  paper 
or  papers;  for  stationery  and  postage;  for  telegraph, 
telephone  and  public  messenger  service,  and  for  other 
similar  expenses,  and  for  the  necessary  expense  of 
hiring  halls  or  other  rooms  for  the  purpose  of  hold- 
ing meetings  to  address  the  voters  and  others  upon 
public  questions  and  matters  relating  to  his  candi- 
dacy. 

No  person  shall  be  competent  to  qualify  for  any 
public  office,  who  shall  have,  prior  to  the  holding  of 
any  primary  election,  paid,  or  promised  or  agreed  to 
pay,  either  directly  or  through  another  or  in  any 
manner  whatsoever,  to  the  owner,  publisher,  mana- 
ger or  representative  of  any  newspaper,  any  sum  of 
money  or  other  thing  of  value,  for  any  article  or  pub- 
lished statement  in  a  newspaper,  wherein  the  elec- 
tors are  advised  or  counseled  to  vote  for  such  candi- 
date, or  his  fitness  or  qualifications  for  office  are  set 
forth,  or  his  protograph  or  biography  is  published. 


26  PRIMARY  ELECTION  LAW 

Newspapers  Prohibited  from  Accepting    Money  from 
Candidates. 

SEC.  29.  [§4833,  Rem.-Bal.]  It  shall  be  unlawful 
for  any  owner,  proprietor,  editor,  manager,  officer, 
clerk,  agent,  reporter  or  employe  of  any  newspaper, 
magazine  or  periodical  printed  or  published  in  this 
state,  to  take,  accept  or  receive,  or  agree  to  take,  ac- 
cept or  receive,  for  himself,  or  any  other  person  or 
persons,  firm  or  corporation  either  by  himself  or  any 
other  person,  persons,  firm  or  corporation,  any  money, 
gratuity  or  other  valuable  consideration  or  article  of 
value  for  or  on  account  of  or  as  a  consideration  for 
such  newspaper,  magazine  or  other  periodical  support- 
ing or  advocating  the  election  or  defeat  of  any  can- 
didate or  candidates  at  any  primary  election.  Any 
such  owner,  proprietor,  editor,  manager,  officer,  clerk, 
agent,  reporter  or  employe  of  any  newspaper,  maga- 
zine or  other  periodical  violating  the  provisions  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  fined  in  any  sum  not  less  than  $25.00  and  not 
more  than  $500.00  or  confined  in  the  county  jail  not 
less  than  10  days  nor  more  than  six  months  or  be 
punished  by  both  such  fine  and  imprisonment:  Pro- 
vided, however,  That  nothing  herein  shall  prevent 
any  person  or  persons,  firm  or  corporation  engaged 
in  the  publication  of  any  newspaper,  magazine  or 
periodical  from  receiving  from  any  person  other  than 
a  candidate,  for  publication,  and  publishing,  any 
matter,  article  or  articles  advocating  the  elec- 
tion or  defeat  of  any  candidate  or  candidates,  and 
receiving  from  such  person  not  a  candidate,  a  con- 
sideration therefor,  if  such  article  so  published  or 
printed  have  placed  at  the  beginning  thereof  in 
plain  type  in  black  face  Roman  capitals,  in  a  con- 
spicuous place,  the  statement  "Paid  Advertisement, 
paid  for  by"  (here  insert  name  of  person,  persons, 
firm  or  corporation  making  such  payment,  and  if 
such  person,  persons,  firm  or  corporation  is  agent  for 
another,  then  must  follow  a  statement  as  to  whom 


STATE  OF  WASHINGTON  27 

such  person,  persons,  firm  or  corporation  is  or  are 
agent  for).  But  this  section  shall  not  be  construed 
as  permitting  the  payment  for  such  publication, 
either  directly  or  indirectly,  by  a  candidate,  or,  for 
any  publication  prohibited  by  section  28  of  this  act. 

Sworn   Itemized  Statement  of  Expenses  to   be   Filed. 

SEC.  30.  [§4834,  Rem.-Bal.]  Every  candidate  for 
nomination  under  the  terms  of  this  act,  or  any  amend- 
ment thereto  shall,  within  ten  days  after  the  day  of 
holding  the  primary  election  at  which  he  is  a  can- 
didate, file  an  itemized  statement  in  writing,  duly 
sworn  to  as  to  its  correctness,  with  the  officer  with 
whom  his  declaration  of  candidacy  or  other  nomina- 
tion paper  is  filed,  setting  forth  each  sum  of  money 
and  thing  of  value,  or  any  consideration  whatever, 
contributed,  paid  or  promised  by  him,  or  any  one  for 
him,  with  his  knowledge  or  acquiescence,  for  the  pur- 
pose of  securing  or  influencing,  or  in  any  way  affect- 
ing, his  nomination  to  said  office.  Said  statement  to 
set  forth  the  sums  paid  as  personal  expenses  and  stat- 
ing fully  the  nature,  kind  and  character  of  the  ex- 
pense for  which  the  sums  were  expended  separately, 
and  the  party  or  parties  to  whom  the  sums  were  paid 
and  the  purposes  for  which  such  payments  were 
made;  and  in  this  statement  all  sums  or  other  con- 
siderations promised  and  not  paid  shall  be  included. 
Such  statement,  when  so  filed,  shall  immediately  be 
subject  to  the  inspection  and  examination  of  any 
elector  and  shall  be  and  become  a  part  of  the  public 
records. 

Penalty  for   Failure  to   File    Expense   Statement. 

SEC.  31.  [§4835,  Rem.-Bal.]  Any  candidate  for 
nomination  for  any  office  under  the  terms  of  this  act 
who  shall  fail,  neglect  or  refuse  to  file  with  the  proper 
officer  the  statement  provided  for  in  section  30  within 
the  time  provided  therein,  or  who  shall  fail  to  fully 
set  out  and  detail  any  and  all  sums  of  money  or  other 


28  PRIMARY  ELECTION  LAW 

thing  of  value  or  consideration  expended,  paid,  contri- 
buted or  promised,  as  in  section  28  provided,  shall 
be  guilty  of  a  misdemeanor,  and  on  conviction  fined 
not  less  than  twenty -five  ($25)  dollars  and  not  more 
than  five  hundred  ($500)  dollars  or  be  imprisoned 
in  the  county  jail  not  less  than  ten  (10)  days  and 
not  more  than  six  (6)  months. 

Corrupt  Solicitation  Prohibited. 

SEC.  32.  [§4836,  Rem.-Bal.]  Any  person  who 
shall  solicit,  request  or  demand,  directly  or  indirectly, 
any  money,  intoxicating  liquor,  or  any  thing  of  value, 
or  promise  thereof,  either  to  influence  his  vote  or  to 
be  used,  or  under  the  pretense  of  being  used  to  pro- 
cure the  vote  of  any  other  person  or  persons,  to  be 
used  at  any  poll  or  other  place  prior  to  or  on  the  day 
of  any  election  under  this  act,  for  or  against  any  can- 
didate for  office  or  for  or  against  any  measure  or  ques- 
tion to  be  voted  upon  at  such  election,  shall  be  guilty 
of  a  misdemeanor,  and  upon  trial  and  conviction 
thereof,  be  punished  by  a  fine  of  not  less  than  $10  nor 
more  than  $500,  or  by  imprisonment  in  the  county 
jail  for  not  less  than  thirty  days  nor  more  than  six 
months,  or  by  both  such  fine  and  imprisonment. 

General   Election   Laws  to  Apply. 

SEC.  33.  [§4837,  Rem.-Bal.]  The  provisions  of 
the  statutes  in  relation  to  the  holding  of  elections,, 
the  solicitation  of  voters  at  the  polls,  the  challenging 
of  voters,  the  manner  of  conducting  elections,  of 
counting  the  ballots  and  making  returns  thereof,  and 
all  other  kindred  subjects,  including  the  sale  of  in- 
toxicating liquors  during  the  hours  the  polls  are  open, 
shall  apply  to  all  primaries  in  so  far  as  they  are  con- 
sistent with  this  act. 

Perjury  Defined. 

SEC.  34.  [§4838,  Rem.-Bal.]  If  any  person  whose 
vote  is  challenged  under  the  provisions  of  this  act 
shall  knowingly,  wilfully  and  corruptly  swear  or  af- 


STATE  OF  WASHINGTON  £9 

firm  falsely,  he  shall  be  deemed  guilty  of  perjury,  and 
on  conviction  thereof  shall  be  punished  accordingly. 

Forgery  Defined. 

SEC.  35.  [§4839,  Rem.-Bal.]  Any  person  who 
shall  forge  any  name  of  a  person  as  a  signer  or  wit- 
ness to  a  nomination  paper  shall  be  deemed  guilty  of 
forgery,  and  on  conviction  thereof  punished  accord- 
ingly. 

Vote  for  United  States  Senator  to  be  Certified. 

SEC.  36.  [§  4840,  Rem.-Bal.]  It  shall  be  the  duty 
of  the  Secretary  of  State  to  certify  to  both  houses  of 
the  Legislature,  the  names  of  the  persons  of  each 
political  party  for  whom  the  highest  number  of  votes 
were  cast  at  any  primary  election  under  the  provi- 
sions of  this  law  at  which  any  persons  were  candi- 
dates for  the  nomination  of  United  States  senators, 
said  certificates  to  be  made  and  filed  upon  the  first 
day  of  the  session  of  such  Legislature  convening  next 
after  said  primary  election. 

Pledge  to   Vote  for   Party  Choice  for  United   States 
Senator. 

SEC.  37.  [§  4841,  Rem-Bal.]  Any  candidate  under 
this  act  for  office  of  State  Senator,  or  member  of  the 
House  of  Representatives,  if  he  desires  to  do  so,  may 
sign  and  file  with  his  declaration  of  candidacy  or  nom- 
ination paper,  a  declaration  as  follows: 

I  hereby  declare  to  the  people  of  the  State  of 
Washington,  and  particularly  of  my  legislative  dis- 
trict, that  during  my  term  of  office  I  will  always  vote 
for  the  candidiate  for  United  States  senator  who  has 
received  the  highest  number  of  votes  upon  my  party 
ticket  for  the  position  at  the  primary  election  next 
preceding  the  election  of  United  States  senator;  and 
in  such  case  there  shall  be  printed  on  the  official  pri- 
mary ballot,  opposite  or  just  below  said  candidate's 
name,  the  following:  "Pledged  to  vote  for  party 
choice  for  United  States  senator." 


30  PRIMARY  ELECTION  LAW 

Judges  of  Superior  and  Supreme  Courts. 

SEC.  38.  [§4832,  Rem.-Bal.]  Judges  of  the  su- 
preme and  superior  courts,  state  senators  and  rep- 
resentatives shall  not  be  considered  state  officers 
within  the  meaning  of  the  provisions  of  this 
act  relating  to  first  choice  and  second  choice  vot- 
ing. When  there  are  to  be  elected  at  any  general 
election  one  or  more  judges  of  the  supreme  court,  or 
of  the  superior  court  of  any  county,  the  candidates  for 
each  respective  office  whose  names  are  to  be  placed 
on  the  general  election  ticket  shall  be  determined  as 
follows:  The  number  of  candidates  equaling  the  num- 
ber of  judicial  positions  to  be  filled  who  receive  the 
highest  number  of  votes  at  the  primary  election,  and 
an  equal  number  of  candidates  for  such  positions, 
providing  there  are  such  candidates,  who  receive  the 
next  highest  number  of  votes,  shall  be  the  candidates 
for  such  respective  offices  and  their  names  shall  ap- 
pear on  the  general  election  ballot  under  the  designa- 
tion of  such  respective  offices:  Provided,  however, 
That  where  any  candidate  for  any  such  office  shall 
receive  a  majority  of  all  votes  cast  at  such  primary 
election  for  such  office,  the  name  or  names  of  such 
candidates  receiving  such  majority  shall  be  printed 
separately  on  the  general  election  ballot,  under  the 

designation  "Vote  for ,"  and  the  name  or 

names  of  no  opposing  candidate  or  candidates  shall 
be  printed  on  such  ballot  in  opposition  to  such  can- 
didate or  candidates,  but  spaces  equalling  the  num- 
ber of  such  majority  candidates  shall  be  left  follow- 
ing such  name  or  names,  in  which  the  voter  may 
insert  the  name  of  any  person  for  whom  he  wishes 
to  cast  his  ballot.  Following  the  names  of  such 
majority  candidates,  under  the  designation  "Vote  for 

,"  the  names  of  the  minority  candidates  who 

have  received  the  highest  number  of  votes  at  the 
primary  election  equal  to  twice  the  number  of  the 
remaining  places  to  be  filled  shall  be  printed:  Pro- 
vided, further,  That  the  secretary  of  state,  or  other 


STATE  OF  WASHINGTON  31 

proper  certifying  officer,  in  certifying  to  the  several 
county  auditors  of  the  state  the  names  of  candidates 
for  judicial  offices  shall  specify  the  names  of  those 
who  have  received  a  majority  vote  at  such  primary 
election,  together  with  the  names  of  the  minority  can- 
didates who  are  entitled  to  have  their  names  placed 
upon  the  official  ballot.  The  names  of  all  such  can- 
didates for  such  judicial  offices  shall  appear  on  the 
general  election  ballot  under  the  heading:  "Non- 
Partisan  Judiciary."  Where  a  vacancy  or  other  cause 
shall  necessitate  the  election  of  a  judge  for  a  short 
term,  and  at  the  same  election  one  or  more  judges  are 
to  be  elected  for  the  full  term,  candidates  may  an- 
nounce themselves  for  either  the  short  or  fuh  term, 
and  the  ballots  shall  be  arranged  accordingly.  There 
shall  be  a  separate  ballot  for  the  candidates  for  nomi- 
nation for  such  judicial  offices,  which  shall  be  the 
general  election  ballot  hereinbefore  referred  to,  and 
shall  be  printed,  delivered,  voted  and  counted  as  here- 
inbefore provided  for  the  general  primary  election 
ballot:  Provided,  That  any  voter  shall  have  the  priv- 
ilege of  voting  this  ticket  alone.  The  form  of  said 
ballot  shall  be  substantially  as  follows: 

NON-PARTISAN  JUDICIARY  TICKET. 

To  vote  for  a  person  make  a  cross  (X)  in  the  square  at  the 
RIGHT  of  the  name  of  the  person  for  whom  you  desire  to  vote. 


Judges  of  Supreme  Court 

Vote  for.. 

Judges  cf  Superior  Court 

Vote  for.. 

JOHN  DOE  

JOHN  DOE  

JOHN  DOE  

JOHN  DOE  

JOHN  DOE  

JOHN  DOE  

Ch.  101,  Laws  1911. 
Stickers  May  Be  Used. 

SEC.  39.  [§4843,  Rem.-Bal.]  Nothing  in  this  act 
contained  shall  prevent  any  voter  from  writing  or 
pasting  on  his  ballot  or  ballots  the  name  of  any  person 
for  whom  he  desires  to  vote  for  any  office,  and  such 
vote  shall  be  counted  the  same  as  if  printed  upon  the 
ballot  and  marked  by  the  voter. 


INDEX  TO  PRIMARY  ELECTION  LAW. 


ADVERTISEMENTS:                                                      Sec.  Page 

Articles  about  candidates  must  be  so  designated  29  26 

ATTORNEY  GENERAL: 

Blank  forms  to  be  prepared  by 27  24 

AUDITOR,  COUNTY: 

Certain  fees  to  be  paid  to  by  candidates 5  5 

Candidates  to  file  declaration  with 7  6 

List  of  candidates  to  be  published  by 8 

Notice  of  primary  election  to  be  published  by . .  8  7 

Official  and  sample  ballots  to  be  prepared  by..  10  8 

AUDITOR,  STATE  : 

Member  state  canvassing  board 24         21 

B 
BALLOT,    ELECTION: 

Separate  one  for  each  political  party 10  8 

Form  of  for  primary 10  10 

Order  of  printing  names  of  candidates  on 13  15 

Errors  in  printing  to  be  corrected 25  23 

Permission  to  write  name  of  any  person 39  31 

BALLOT,   SAMPLE: 

Form  of  for  primary  election 10  8 

Must  be  printed  on  colored  paper 13         15 

BIENNIAL  PRIMARIES  : 

Date  of  holding  elections 3  4 

BLANK  FORMS  : 

Declaration  of  candidacy 4  4 

For  making  return  of  election 20         19 

To  be  prepared  by  Secretary  of  State  and  At- 
torney General 27         24 

BOARD,   STATE   CANVASSING  : 

How  constituted,  and  work  of 24         21 

C 

CANDIDACY,   DECLARATION   OF: 

Date  for  filing  and  form  of 4  4 

Manner  of  filing  by  candidates 7  6 


34  INDEX 

CANDIDATES:                                                                  Sec.  Page 

Must  be  nominated  at  primary  election 2  3 

Manner  of  filing  declaration  by 7  6 

List  of  to  be  certified  by  Secretary  of  State  8  7 

List  to  be  published  by  county  auditor 8  7 

Order  of  printing  names  on  ballot 13  15 

Not  allowed  to  pay  money  to  newspapers 28  25 

Must  make  sworn  itemized  expense  statement.  30  27 

Penalty  for  failure  to  file  expense  account....  31  27 

CANDIDATES,  EXPENSES  OF: 

Limited  to  certain  specific  purposes 28  25 

CANDIDATES,  FEES  OF: 

To  be  paid  on  filing  declaration 5  5 

CANDIDATES,  NOMINATION  OF: 

Plurality  of  votes  required  for 23  20 

CANVASSING  BOARD,  STATE: 

How  constituted  and  work  of 24  21 

CANVASSING  OF  VOTE: 

Manner  of,  by  election  officers 19  18 

CHOICE,  FIRST  AND  SECOND  : 

Must  be  designated  by  voters 18         17 

To  be  canvassed  by  election  board 23         20 

CITY  OF  FOURTH  CLASS: 

Primary  law  does  not  apply  to 2  3 

CLERK,  CITY: 

Certain  fees  to  be  paid  to  by  candidate 5  5 

Candidates  to  file  declaration  with 7  6 

COLORED  PAPER : 

Sample  ballots  must  be  printed  on 13         15 

COMMITTEES,  MANNER  OF  SELECTION  : 

County 22         19 

State 22         19 

CONGRESS,  REPRESENTATIVES  IN  : 

Must  be  nominated  at  primary  election 2  3 

CONSTRUED : 

Words  "Primary,"  "Election,"  etc.,  how 1  3 

CONTEST : 

Manner  of  procedure  in 25  23 

COUNTY  OFFICERS: 

Nomination  of  candidates  for 2  3 

CORRUPT  SOLICITATION  : 

By  candidates,  prohibited 32  28 

COURT,  SUPREME  AND  SUPERIOR : 

Candidates  for,  not  to  declare  party  affiliation.  4  4 

DECLARATION  OF  CANDIDACY: 

Date  for  filing  and  form  of 4  4 

Manner  of  filing  by  candidates 7  6 


INDEX  35 

DIKE  DISTRICT:                                                             Sec.  Page 

Primary  law  does  not  apply  to 2  3 

DISTRICT  ELECTION: 

Primary  law  does  not  apply  to  certain 2  3 

E 

ELECTION  : 

Meaning  of  general  of  city 1  3 

ELECTION  BALLOT: 

Separate  one  for  each  political  party 10  8 

Form  of  for  primary 10         10 

Order  of  printing  names  of  candidates  on 13         15 

Errors  in  printing  to  be  corrected 25         23 

ELECTION,   DISTRICT: 

Primary  law  does  not  apply  to  certain 2  3 

ELECTION  LAW: 

General,  apply  to  primaries 14          16 

General,  to  apply  to  primary  election 33         28 

ELECTION  OFFICERS  : 

Manner  of  canvassing  votes  by 19  18 

ELECTION   PRIMARY: 

Meaning  of,  in  this  act 1  3 

Date  of  holding  biennial 3  4 

Method  of  voting  in 10  8 

For  all  parties  at  same  time 11  14 

Qualification  of  voters  at 12  14 

General  election  laws  apply  to 14  16 

Hours  polls  are  open  for 17  17 

General  election  laws  to  apply  to 33  28 

ELECTION   RETURNS: 

Must  show  first  and  second  choice  votes 21         19 

ELECTIONS,   SPECIAL  : 

Direct  primary  does  not  apply  to  certain 2  3 

ELECTIVE  OFFICES  : 

Candidates  for  must  be  nominated  at  primary 

election    2  3 

ELECTORS,   PRESIDENTIAL : 

Primary  law  does  not  apply  to 2  3 

To  be  nominated  by  political  parties 22         19 

EXPENSES  OF  CANDIDATES: 

Limited  to  certain  specific  purposes 28         25 

EXPENSES,   STATEMENT  OF: 

Itemized  and  sworn  to  by  candidates 30         27 

Penalty  for  failure  of  candidates  to  file. , 31         27 

FEES: 

To  be  paid  to  election  officers 15         16 

FEES  OF  CANDIDATES  : 

To  be  paid  on  filing  declaration 5  5 


36  INDEX 

FIRST  AND  SECOND  CHOICE  :  Sec.    Page 

Must  be  designated  by  voters 18         17 

To  be  canvassed  by  election  board 23         20 

FORGERY : 

Definition  of  and  penalty  for 35         29 

FORMS,  BLANK: 

Declaration  of  candidacy 4  4 

For  making  returns  of  election 20         19 

To  be  prepared  by  Secretary  of  State  and  At- 
torney General 27         24 

I 

INSPECTORS  AND  JUDGES: 

Manner  of  appointment  of 15         16 

Fees  paid  for  serving  as 15         16 

IRRIGATION  DISTRICT: 

Primary  law  does  not  apply  to 2  3 

J 

JUDGES : 

Manner  of  nomination  of 38         30 

JUDGES,  INSPECTORS  : 

Manner  of  appointment  of 15         16 

Fees  paid  for  serving  as 15         16 

JUDGES,  SUPERIOR  COURT: 

First  and  second  choice  votes  not  to  apply  to.   38         30 

L 
LAWS,   ELECTION: 

General,  to  apply  to  primaries 14         16 

General,  to  apply  to  primary  election 33         28 

LEGISLATURE,   MEMBERS   OF: 

First  and  second  choice  votes  not  to  apply  to.   38         30 

LIQUOR : 

Sale  prohibited  during  primaries 33         28 

M 
MUNICIPAL  OFFICES  : 

Nomination  of  candidates  for 2 

N 
NEWSPAPERS  : 

Must  designate  articles  about  candidates  as  ad- 

vertising    29         26 

NOMINATION : 

Of  candidates  for  elective  oflSces 2  3 

By    political    party    casting   less   than    ten   per 

cent,  of  votes 26         24 


INDEX  37 

NOMINATION  OF  CANDIDATES  :  Sec.  Page 

Plurality  of  votes  required  for.  . 23  20 

O 
OFFICERS,   ELECTIVE  : 

Nomination  of  candidates  for 2  3 

OFFICERS,   ELECTION: 

Manner  of  canvassing  votes  by 19  18 

P 

PAPER,   COLORED: 

Sample  ballots  must  be  printed  on 13  15 

PARTY,  POLITICAL: 

Not  to  be  declared  by  candidates  for  judgeship  4  4 

Certain,  may  have  place  on  official  ballot 6  6 

Separate  ballot  for  each 10  8 

Members  of  committee  for  to  be  chosen 22  19 

Rules  and   regulations  and  conventions  of .  ...  22  19 

Presidential  electors  to  be  nominated  by.  .....  22  19 

Nominations   by   if   less   than   ten   per   cent,   of 

votes  cast  by 26  24 

PERJURY : 

Definition  of  and  penalty  for 34  28 

POLITICAL  PARTY  : 

Candidates  for  judgeship  not  to  declare 4  5 

Certain,  may  have  place  on  official  ballot 6  6 

Separate  ballot  for  each 10  8 

Rules  and  regulations  and  conventions  by.  ...  22  19 

Presidential  electors  to  be  nominated  by 22  19 

Members  of  committee  for  to  be  chosen 22  19 

Nominations   by   if  less   than   ten   per   cent,   of 

votes  cast  by 26  24 

POLLS,  PRIMARY  ELECTION  : 

Hours  open  for 17  17 

PRECINCT  OFFICERS  : 

Nomination  of  candidates  for 2  3 

PRESIDENTIAL  ELECTORS  : 

Primary  law  does  not  apply  to 2  3 

To  be  nominated  by  political  parties 22  19 

PRIMARY : 

Term,  how  construed 1  3 

September,  meaning  of 1  3 

Election,   meaning   of .  1  3 

PRIMARY  ELECTION  : 

Date  of  holding  biennial 3  4 

Method  of  voting  in 10  8 

For  all  parties  at  same  time 11  14 

Qualifications  of  voters  at 12  14 

General  election  laws  apply  to 14  16 

Hours  polls  are  open  for 17  17 

General  election  laws  to  apply  to 33  28 


38  INDEX 

Q 

QUALIFICATION  OF  VOTERS  :  Sec.    Page 

For   primary  election 12          14 

R 
REGISTRATION  : 

Required  for  certain  primary  election  precincts  12         14 
RETURNS,  ELECTION: 

Must  show  first  and  second  choice  votes.......    21         19 

S 
SAMPLE  BALLOT: 

Form  of  for  primary  elections 10         10 

Must  be  printed  on  colored  paper 13         15 

SCHOOL  DISTRICT: 

Primary  law  does  not  apply  to 2  3 

SECOND  CHOICE,  AND  FIRST: 

Must  be  designated  by  voters 18         17 

To  be  canvassed  by  election  board 23         20 

SECRETARY  OF  STATE : 

Certain  fees  to  be  paid  to  by  candidates 5  5 

Candidates  to  file  declaration  with 7  6 

To  certify  list  of  candidates  to  county  auditor.  8  7 

To  provide  copies  of  primary  law 15  16 

Member  of  state  canvassing  board 24  21 

Blank  forms  to  be  prepared  by 27  24 

SENATOR,  UNITED  STATES : 

To  be  voted  for  at  primary  election 2  3 

Vote  for  to  be  certified  by  Secretary  of  State .  .  36  29 

Candidate  for  legislature  may  pledge  for 37  29 

SEPTEMBER  PRIMARY : 

Meaning  of  term 1  3 

SHEETS,  TALLY: 

Form  of,  for  making  return  of  election . 20  19 

SOLICITATION,  CORRUPT  : 

By  candidates,  prohibited 32  28 

SPECIAL  ELECTIONS  : 

Direct  primary  does  not  apply  to  certain 2  3 

STATE  AUDITOR: 

Member  state  canvassing  board 24  21 

STATE  CANVASSING  BOARD  : 

How  constituted,  and  work  of 24  21 

STATEMENT  OF  EXPENSES  : 

Itemized  and  sworn  to  by  candidates 30         27 

Penalty  for  failure  of  candidate  to  file 31         27 

STATE  OFFICERS  : 

Must  be  nominated  at  primary  election ..  .      2  3 


. 

39 

STATE  OFFICES  :  Sec.    Page 

Nomination  of  candidates  for  ................      2  3 

STATE  TREASURER  : 

Member  state  canvassing  board  ..............    24         21 

SUPERIOR  COURT  : 

Candidates  for  not  to  declare  party  affiliation.  4  4 

SUPERIOR  COURT  JUDGES  : 

First  and  second  choice  votes  not  to  apply  to.    38         30 

T 
TALLY  SHEETS  : 

Form  of,  for  making  return  of  election  .......    20         19 

TERMS,   UNEXPIRED: 

Primary  law  does  not  apply  to  filling  .........      2 

TOWN  OF  FOURTH  CLASS  : 

Primary  law  does  not  apply  to  ...............      2 

TREASURER,   STATE  : 

Certain  fees  to  be  paid  to  ...................      5 

Member  of  state  canvassing  board  ............    24          21 


UNEXPIRED  TERMS  : 

Primary  law  does  not  apply  to  filling  .........      2 

UNITED  STATES  SENATORS  : 

To  be  voted  for  at  primary  election  ..........      2  3 

UNITED  STATES  SENATOR: 

Vote  for  to  be  certified  by  Secretary  of  State.  .    36         29 

Candidate  for  legislature  may  pledge  for  .....    37         29 

V 
VACANCIES  : 

Primary  law  does  not  apply  to  filling  .........      2  3 

VOTER  : 

Must  receive  party  ballots  ...................    12          14 

VOTE,  CANVASSING  OF  : 

Method  of,  by  election  officers  ...............    19          18 

VOTERS,   ELECTION: 

First  and  second  choice  to  be  designated  by.  .  .    18          17 
VOTERS,  QUALIFICATIONS  OF: 

For  primary  election  ........................    12         14 

VOTES  FOR  CANDIDATES  : 

Plurality  required  to  nominate  ...............   23         20 

VOTING  : 

Method  of  in  primary  election  ...............    10  8 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


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LD  21A-45m-9,'67 
(H5067slO)476B 


General  Library 

University  of  California 

Berkeley 


UATLUKU  BROS, 

MAKERS 

SYRACUSE,  -  N.Y. 

PAT,  JAN.  21,  1900 


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UNIVERSITY  OF  CALIFORNIA  LIBRARY 


